IURI 221 - 2022 - Study Unit 1
IURI 221 - 2022 - Study Unit 1
IURI 221 - 2022 - Study Unit 1
Study material
Outcomes
Definition
A person commits theft if he/she unlawfully and intentionally appropriates
movable, corporeal property which
Elements
1. Act:
= act of appropriation…
IURI 221
1
Theft
Study Unit
Elements
2. Unlawfulness
Elements
3. Intent
= PERMANENT DEPRIVATION
IURI 221
1
Theft
Study Unit
Elements
4. Property
• The conduct must be aimed at property – movable property:
Forms of Theft
• Removal of property
o Removal of another person’s lawful possession
• Embezzlement
o Belongs to other, but in perpetrator's possession
• Arrogation of possession
o Removal of own property from other person’s lawful possession
Summary
IURI 221
Criminal Law: Specific Crimes
Study material
Outcomes
Definition
Robbery consists in theft of property by unlawfully
and intentionally using:
a) Violence to take the property from somebody else; or
Elements
a) Theft of property…
b) Through the use of either violence or threats of violence…
c) A causal link between the violence and the taking of property…
d) Unlawfulness
e) Intention
IURI 221
1
Robbery
Study Unit
Theft vs Robbery
THEFT: A person commits theft if he/she unlawfully and intentionally appropriates movable, corporeal property
which
provided that the intention to appropriate the property includes an intention permanently to deprive the person
entitled to the possession of the property, of such property.
Theft: Robbery:
NO VIOLENCE OR VIOLENCE or THREAT
THREAT OF VIOLENCE OF VIOLENCE!!
IURI 221
1
Robbery
Study Unit
Summary
IURI 221
Criminal Law: Specific Crimes
Study material
Outcomes
Definition
Elements
• Conduct including: Verbal, written and/or gestures to create a
misrepresenting facts and/or falsehood;
a) Misrepresentation; • Expressly and/or implied by means of commissio and/or omissio
c) Unlawfulness;
• Perpetrator must be aware / suspect representation is false;
• Intention to deceive vs intention to defraud ?
d) Intention.
IURI 221
1
Fraud
Study Unit
Summary
IURI 221
Criminal Law: Specific Crimes
Arson
Study material
Arson
Outcomes
Arson
Definition
MALICIOUS INJURY TO PROPERTY is the unlawful and intentional damaging of
a) another’s movable or immovable property, or
b) own insured property in circumstances where it is his intention to claim his
or her loss from the insurer.
Arson
Elements
MALICIOUS INJURY TO
PROPERTY
VS ARSON
Arson
Summary
IURI 221
Criminal Law: Specific Crimes
Study material
• Snyman Criminal Law 7th edition (LexisNexis 2020) 479-486
Outcomes
Definition
Elements
a) Breaking into “Removal of obstacle”
c) Unlawfulness
d) Intention “Intention to break into building / structure”
“Intention to commit another crime”
IURI 221
1
Study Unit
Housebreaking with the intent to
commit a crime
Summary
SSv vMadyo
Moroe1990
1981SASV
4 SA 897
292 (O)
(OK)